Tag: EEOC subpoena power

‘Surprise, surprise, surprise’: EEOC third-party subpoenas

by Joe English and Ariel Dubrow The Equal Employment Opportunity Commission (EEOC) has the ability to subpoena a broad array of documents and records from third parties. Responding to such a subpoena can impose a costly burden on third parties.   EEOC’s broad subpoena powers An employer’s dealings with the EEOC typically stem from an administrative […]

The long arm of the EEOC: Agency’s subpoena power is a force to be reckoned with

by Burton J. Fishman In 2007, the Equal Employment Opportunity Commission (EEOC) filed suit against Kroger, the grocery chain, because it rejected an applicant for a “cashier, bagger, stocker” position in part because of a poor score on an orally administered “personality trait” test prepared by Kronos, Inc. The applicant had speech and hearing difficulties […]